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TMI Blog2018 (8) TMI 2137X X X X Extracts X X X X X X X X Extracts X X X X ..... f the compromise. In compliance thereof, report of Judicial Magistrate Ist Class, Gurugram, dated 13.06.2018, has been received, wherein, it has been noticed that the parties have settled the dispute amicably without any undue influence, coercion or pressure and none of the accused have been declared as proclaimed offender. The ultimate aim, objective and goal of a legal system is to reconcile the social conflicts. Law is required only to ensure that people do not have to fight with each other just to protect their right to property, right to life and liberty and other rights secured to them by the legal system. The civil disputes are the conflicts between two parties, having lesser overtones for the social order, social harmony or the society as such. Hence absolute freedom is given to the parties to settle their disputes by compromises, of course, coming with certain legal consequences as well. However, the criminal disputes do not necessarily restrict themselves to only two parties to the dispute in terms of their scope, consequences and effect. The criminal acts tend to cast their effect and consequences even upon the society at large. Therefore, the law prescribes punishment, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... character or involving causing intentional loss of life or causing intentional loss of property by extending imminent threat of loss of life; cannot be permitted to be compromised. Except the abovementioned grave offences, there is every reason that all other offences should be permitted to be compromised by the Court. Since the proof of offences before the Court, again would involve the conduct of the parties to dispute, therefore if the Court does not permit the same to be compromised then the parties would tend to play tricks upon the Court to ensure the acquittal of accused by subverting the administration of criminal justice. And it is never in the interest of administration of criminal justice to force the citizen to learn and adopt the tricks designed to be played upon Courts to subvert the justice system. So it would always be in the interest of justice itself; that the compromise between the parties is recognized and the citizen remain moored and committed to the essentials of the system of administration of justice, at least, qua those offences, which the interest of society does not permit to be compromised. Hon'ble the Supreme Court has amply clarified the legal p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding." The present case does not fall in anyone of the exceptions envisaged above. Hence, in view of the report of Judicial Magistrate Ist Class, Gurugram, dated 13.06.2018 made in pursuance of the order dated 09.05.2018 passed by this Court, the Court feels that no useful purpose would be served by keeping the proceedings alive. It will be in the interest of justice, if the settlement reached between the parties is accepted. Although, the main FIR No.213 dated 11.06.2016 registered und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent before the Court to face the trial and to receive the punishment for his alleged conduct, which has constituted the offence. If the person has appeared before the Court, even after he was declared as proclaimed person or is granted bail by the Court after such declaration then the object of the procedure prescribed under the Code of Criminal Procedure stands achieved. Therefore, if after declaring an accused a proclaimed person, he has started facing trial and has not defaulted again thereafter, and further the offences under the main FIR are compromised, then, the Court can take lenient view to quash the FIR under Section 174-A of the IPC as well. However, this would be required to be considered with reference to the facts and circumstances of each case, depending upon nature and duration of the default and also the subsequent conduct of such accused. Having heard learned counsel for the parties on the point of quashing of Section 174-A of the IPC on the basis of compromise, this Court is of the considered opinion that Section 174-A of the IPC is an offence against the administration of justice. Therefore, the offence under Section 174-A of the IPC do not have any character o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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